BILL NUMBER: SB 1625	CHAPTERED  09/13/00

	CHAPTER   428
	FILED WITH SECRETARY OF STATE   SEPTEMBER 13, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 12, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   JUNE 15, 2000
	AMENDED IN SENATE   MARCH 30, 2000

INTRODUCED BY   Senator Murray
   (Principal coauthor:  Assembly Member Wesson)
   (Coauthors:  Senators Hughes and Solis)
   (Coauthors:  Assembly Members Longville and Wright)

                        FEBRUARY 22, 2000

   An act to add and repeal Division 22.7 (commencing with Section
32550) of the Public Resources Code, relating to the Baldwin Hills
Conservancy.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1625, Murray.  Baldwin Hills Conservancy.
   Existing law authorizes various conservancies to acquire, manage
direct the management of, and conserve public lands in the state.
   This bill would, until January 1, 2008, establish the Baldwin
Hills Conservancy to acquire and direct the management of public
lands within the Baldwin Hills area of Los Angeles County, as
defined, and would prescribe the management, powers, and duties of
the conservancy.
   The bill would require the Legislative Analyst, not later than
December 31, 2006, to review the effectiveness of the conservancy in
acquiring and developing open-space land and recreational
opportunities in the Baldwin Hills area, and to submit to the
Legislature a report on specified matters concerning the conservancy.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Division 22.7 (commencing with Section 32550) is added
to the Public Resources Code, to read:

      DIVISION 22.7.  BALDWIN HILLS CONSERVANCY ACT
      CHAPTER 1.  GENERAL PROVISIONS

   32550.  This division shall be known, and may be cited, as the
Baldwin Hills Conservancy Act.
   32551.  The Legislature hereby finds and declares all of the
following:
   (a) The Baldwin Hills area within the County of Los Angeles and
the cities of Los Angeles and Culver City constitutes an area with
unique and important cultural, scientific, educational, recreational,
and scenic resources, and includes land with the highest elevation
in the Los Angeles Basin.
   (b) The state recognized the importance of, and the need for,
recreational venues in this area by purchasing and establishing the
Kenneth Hahn State Recreation Area in 1983, which is under the
jurisdiction of the Department of Parks and Recreation.  The County
of Los Angeles operates the state recreation area pursuant to a
contract with the Department of Parks and Recreation.
   (c) In recognition of the evolving community needs in the Baldwin
Hills area, in 1999 the Legislature directed the review and revision
of the master plan for the existing state recreation area as well as
the acquisition of other lands in the Baldwin Hills.
   (d) As one of the last remaining urban open spaces in Los Angeles
County, the Baldwin Hills area should be held in trust to be
preserved and enhanced for the enjoyment of, and appreciation by,
present and future generations.
   (e) The Baldwin Hills Conservancy should be created to develop and
coordinate an integrated program of resources stewardship so that
the Baldwin Hills area is managed for its optimum recreational and
natural resource values based upon the needs and desires of the
surrounding community.

      CHAPTER 2.  DEFINITIONS

   32553.  As used in this division, the following terms have the
following meaning:
   (a) "Baldwin Hills area" means the land area currently within the
Kenneth Hahn State Recreation Area, the Baldwin Hills community, the
surrounding property bordered on the south by Slausen Avenue, and on
the east by La Brea Avenue, and including a spur of land extending
from Stocker Avenue to an area between La Brea Avenue and Crenshaw
Boulevard, and including Ballona Creek and adjacent property within
one-quarter mile of Ballona Creek on either side, from the Santa
Monica Freeway (Interstate 10) to the Marina Freeway (Interstate 90).

   (b) "Board" means the governing board of the Baldwin Hills
Conservancy.
   (c) "Conservancy" means the Baldwin Hills Conservancy.
   (d) "Fund" means the Baldwin Hills Conservancy Fund created
pursuant to subdivision (b) of Section 32574.
   (e) "Nonprofit organization" means an exempt organization under
Section 501(c)(3) of the Internal Revenue Code.
   (f) "Territory" means the land in the Baldwin Hills area that is
under the jurisdiction of the conservancy.

      CHAPTER 3.  CONSERVANCY

   32555.  There is in the Resources Agency, the Baldwin Hills
Conservancy, which is created for the following purposes:
   (a) To acquire and manage public lands within the Baldwin Hills
area, and to provide recreational, open-space, wildlife habitat
restoration and protection, and lands for educational uses within the
area.
   (b) To acquire open-space lands within the territory of the
conservancy.
   (c) To provide for the public's enjoyment, and to enhance the
recreational and educational experience on public lands in the
territory in a manner consistent with the protection of lands and
resources in the area.
   32556.  (a) The board shall consist of nine voting members and six
nonvoting members.
   (b) The nine voting members of the board shall consist of the
following:
   (1) The Secretary of the Resources Agency, or his or her designee.

   (2) The Director of Parks and Recreation, or his or her designee.

   (3) The Director of Finance, or his or her designee.
   (4) The Director of the Los Angeles County Department of Parks, or
his or her designee.
   (5) Three members of the public appointed by the Governor who are
residents of Los Angeles County selected from a list of prominent
members of the community who shall represent the diversity of the
surrounding community.
   (6) A resident of Los Angeles County appointed by the Speaker of
the Assembly, and a resident of Los Angeles County appointed by the
Senate Committee on Rules.
   (c) The six nonvoting members shall consist of the following:
   (1) The Secretary of the California Environmental Protection
Agency, or his or her designee.
   (2) The Executive Officer of the State Coastal Conservancy, or his
or her designee.
   (3) The Executive Officer of the State Lands Commission, or his or
her designee.
   (4) An appointee of the Governor with experience in developing
contaminated sites, commonly referred to as "brownfields."
   (5) The Executive Director of the Santa Monica Mountains
Conservancy, or his or her designee.
   (6) The Director of the Culver City Department of Parks and
Recreation.
   (d) A quorum shall consist of five voting members of the board,
and any action of the board affecting any matter before the board
shall be decided by a majority vote of the voting members present, a
quorum being present.  However, the affirmative vote of at least four
of the voting members of the board shall be required for the
transaction of any business of the board.
   32557.  (a) The voting members of the board shall serve for
two-year terms.  Any vacancy on the board shall be filled within 60
days from its occurrence by the appointing authority.
   (b) No person shall continue as a member of the board if that
person ceases to hold the office that qualifies that person for board
membership.  Upon the occurrence of that event, that person's
membership on the board shall automatically terminate.
   32558.  The chairperson and vice-chairperson of the board shall be
selected by a majority of the voting members of the board for
one-year terms.
   32559.  The conservancy may employ an executive officer and other
staff to perform those functions that cannot be provided by
volunteers.
   32560.  All meetings of the board shall be subject to the
requirements of the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code).
   32561.  All members shall receive reimbursement for actual,
necessary, and reasonable expenses.  Any member of the board who is
not a full-time public employee shall be compensated at a rate not to
exceed one hundred dollars ($100) per regular meeting, not to exceed
12 regular meetings a year.  Any member of the board may waive
compensation.
   32562.  The conservancy shall obtain and maintain adequate
liability insurance or its equivalent for acts or omissions of the
conservancy's agents, employees, volunteers, and servants.

      CHAPTER 4.  POWERS AND DUTIES

   32565.  The jurisdiction of the conservancy includes those lands
or other areas that are donated to, or otherwise acquired by, or are
operated by the conservancy, that are located in the Baldwin Hills
area.
   32565.5.  The conservancy shall do all of the following:
   (a) Develop and coordinate an integrated program of resource
stewardship so that the entire Baldwin Hills area is managed for
optimum recreational and natural resource values based upon the needs
and desires of the surrounding community.
   (b) Establish policies and priorities within the Baldwin Hills
area, and conduct any necessary planning activities in accordance
with the purposes set forth in Section 32555.
   (c) Give priority to related projects that create expanded
opportunities that provide recreation, aesthetic improvement, and
wildlife habitat in the Baldwin Hills area.
   (d) Approve conservancy funded projects that advance the policies
and proprieties set forth in this division.
   (e) Enter into a memorandum of understanding with the Department
of Parks and Recreation that would require the conservancy and the
department to cooperate in the sharing of technical assistance, data,
and information.
   (f) Upon submission to the Legislature of the master plan required
to be prepared pursuant to subdivisions (b) and (c) of Section 1 of
Chapter 752 of the Statutes of 1999 by the Secretary of the Resources
Agency and the Director of Parks and Recreation, the conservancy
shall, by May 1, 2002, approve the master plan, and prioritize and
implement both of the following in accordance with the master plan
and with the master plan recommendations:
   (1) The acquisition of additional recreational and open space and
a plan for the management of lands under the jurisdiction of the
conservancy, including additional or upgraded facilities and parks
that may be necessary or desirable.
   (2) The planned conveyance of lands acquired and restored, or
lands acquired, restored, and developed, to the Department of Parks
and Recreation or to any other public agency once the acquisition and
improvements have been finalized.  Any such transfer shall be
subject to the approval of the Secretary of the Resources Agency.
The secretary may require all lands and facilities subject to
transfer to be repaired, replaced, or rehabilitated to a fully
operable condition, prior to the transfer occurring.
   (g) Review and approve any operating agreement or amendments to an
existing operating agreement between the Department of Parks and
Recreation and any local operating agency, including the County of
Los Angeles, for the Kenneth Hahn State Recreation Area.  Any
proposed operating agreement or an amendment to an agreement shall be
submitted to the conservancy at least 90 days prior to the proposed
effective date of the agreement and shall not become effective unless
the conservancy certifies, in writing, its approval of the proposed
agreement.
   32566.  The conservancy may direct the management, operation,
administration, and maintenance of the lands and facilities it
acquires in accordance with the purposes set forth in Section 32555.
The conservancy may adopt regulations governing the use by the
public of conservancy lands and facilities and may provide for the
enforcement of those regulations.
   32567.  The conservancy shall determine acquisition priorities and
may acquire real property or any interest in real property within
the Baldwin Hills area from willing sellers and at fair market value
or on other mutually acceptable terms, upon a finding that the
acquisition is consistent with the purposes of the conservancy.  The
conservancy may acquire the property itself, or may coordinate the
acquisition with other public agencies with appropriate
responsibility and available funding or land to exchange.  The
overall objectives of the land acquisition program shall be to assist
in accomplishing land transactions that are mutually beneficial to
the landowners and the conservancy, and that meet the conservancy's
purposes.  Neither the conservancy nor the State Board of Public
Works shall exercise the power of eminent domain for the purposes  of
this division.  The conservancy shall have the first right of
refusal to acquire public lands suitable for park and open space
within the conservancy's territory, and may accept private or public
lands offered for recreational trails or private lands offered in
satisfaction of delinquent taxes owed on land located within the
territory of the conservancy.
   32568.  The conservancy may undertake site improvement projects;
regulate public access; revegetate and otherwise rehabilitate
degraded areas, in consultation with other public agencies with
appropriate jurisdiction and expertise; upgrade deteriorating
facilities; and construct new facilities as needed for outdoor
recreation, nature appreciation and interpretation, and natural
resource protection.  These projects  shall be directed by the
conservancy and undertaken by other public agencies, with the
conservancy providing overall coordination through setting priorities
for projects and assuring uniformity of approach.
   32569.  (a) The conservancy may award grants to local public
agencies, state agencies, federal agencies, and nonprofit
organizations for the purposes of this division.
   (b) Grants to nonprofit organizations for the acquisition of real
property or interests in real property shall be subject to all of the
following conditions:
   (1) The conservancy may acquire property at fair market value and
consistent with the Property Acquisition Law (Part 11 (commencing
with Section 15850) of Division 3 of Title 2 of the Government Code),
except that the acquisition price of lands acquired from public
agencies shall be based on the public agencies' cost to acquire the
land.
   (2) The conservancy shall approve the terms under which the
interest in land is acquired.
   (3) The interest in land acquired pursuant to a grant from the
conservancy may not be used as security for any debt incurred by the
nonprofit organization unless the conservancy approves the
transaction.
   (4) The transfer of land acquired pursuant to a grant shall be
subject to the approval of the conservancy and the execution of an
agreement between the conservancy and the transferee sufficient to
protect the interests of the conservancy.
   (5) The conservancy shall have a right of entry and power of
termination in and over all interests in real property acquired with
state funds, which may be exercised if any essential term or
condition of the grant is violated.
   (6) If the existence of the nonprofit organization is terminated
for any reason, title to all interest in real property acquired with
state funds shall immediately vest in the conservancy, except that,
prior to that termination, another public agency or nonprofit
organization may receive title to all or a portion of that interest
in real property, by recording its acceptance of title, together with
the conservancy's approval, in writing.
   (c) Any deed or other instrument of conveyance whereby real
property is acquired by a nonprofit organization pursuant to this
section shall be recorded and shall set forth the executory interest
or right of entry on the part of the conservancy.
   32570.  (a) Notwithstanding any other provision of law, the
conservancy may lease, rent, sell, exchange, or otherwise transfer
any real property or interest therein or option acquired under this
division to a local public agency, state agency, federal agency,
nonprofit organization, individual, or other entity for management
purposes pursuant to terms and conditions approved by the
conservancy.  The conservancy may request the Director of General
Services to undertake these actions on its behalf.
   (b) The conservancy may initiate, negotiate, and participate in
agreements for the management of land under its ownership or control
with local public agencies, state agencies, federal agencies,
nonprofit organizations, individuals, or other entities and may enter
into any other agreements authorized by state or federal law.
   (c) The conservancy shall approve changes to the current agreement
for the operation of the Kenneth Hahn State Recreation Area that may
be proposed for adoption by the Department of Parks and Recreation.

   32571.  Local public agencies may enter into an agreement to
transfer responsibility for the management of the land located within
the Baldwin Hills area to the conservancy.  Local public agencies
shall retain exclusive authority over all zoning or land use
regulations within their jurisdiction.
   32572.  The conservancy shall restrict access on acquired lands
that are unsuitable for parks and open-space use by entering into
temporary agreements with other state or local public agencies for
the protection of public health and safety, resource management and
protection, and security.
   32573.  The conservancy shall do all of the following:
   (a) Establish policies and priorities regarding the territory
within the Baldwin Hills area, and conduct any necessary planning
activities in accordance with the purposes set forth in Section
32555.
   (b) Give priority to related projects that create expanded
opportunities that provide recreation, aesthetic improvement, and
wildlife habitat in the Baldwin Hills area.
   (c) Approve conservancy-funded projects that advance the policies
and priorities set forth in this division.
   (d) Review the master plan required pursuant to subdivisions (b)
and (c) of Section 1 of Chapter 752 of the Statutes of 1999 and
implement prioritization for the acquisition and operation of
additional recreational and open-space needs, including additional or
upgraded facilities and parks that may be necessary or desirable.
   32574.  (a) The conservancy may fix and collect fees for the use
of any land owned or controlled, or for any service provided, by the
conservancy.  No fee shall exceed the cost of maintaining and
operating the land or of providing the service for which the fee is
charged.
   (b) The fee revenue and all other revenue received pursuant to
this division shall be deposited in the Baldwin Hills Conservancy
Fund, which is hereby created in the State Treasury.  The money in
the fund shall be expended by the conservancy, upon appropriation by
the Legislature, for the purposes of this division.
   (c) Nothing in this act changes the Kenneth Hahn State Recreation
Area's status to receive funds as part of the state parks system.
   32574.5.  The conservancy shall coordinate its actions with state
and local public safety agencies.
   32575.  The conservancy shall administer any funds appropriated to
it and any revenue generated by public agencies for the Baldwin
Hills area and contributed to the conservancy, and may expend those
funds for capital improvements, land acquisition, or support of the
conservancy's operations.  Subject to Section 11005 of the Government
Code, the conservancy may also accept any revenue, money, grants,
goods, or services contributed to the conservancy by any public
agency, private entity, or person, and, upon receipt, may expend any
such revenue, money, or grants for capital improvements, land
acquisitions, or support of the conservancy's operations.
   32576.  The conservancy may recruit and coordinate volunteers and
experts to assist with conservancy projects and the maintenance of
conservancy lands.
   32577.  The conservancy shall coordinate its actions with state
and local public safety agencies.
   32578.  The conservancy shall have, and may exercise, all rights
and powers, expressed or implied, necessary to carry out the purposes
of this division, except as otherwise provided.
   32579.  The conservancy may sue and be sued.
  32580.  This division shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
  SEC. 2.  Not later than December 31, 2006, the Legislative Analyst
shall review the effectiveness and progress of the Baldwin Hills
Conservancy established pursuant to Division 22.7 (commencing with
Section 32550) of the Public Resources Code in acquiring and
developing open-space land and recreational opportunities in the
Baldwin Hills area, as defined in subdivision (a) of Section 32553 of
the Public Resources Code.  The Legislative Analyst shall, not later
than December 31, 2006, submit to the Legislature a report
evaluating whether the termination date for the conservancy should be
extended to meet the goals of Division 22.7 (commencing with Section
32550) of the Public Resources Code, and whether the land under the
jurisdiction of the conservancy should be transferred to the control
of the Department of Parks and Recreation for inclusion in the state
park system.
